Crashed Before March 24, 2023? Why Some Tampa Car Accident Claims Are Running Out of Time

Ask most people how long Florida gives an injured driver to file a negligence lawsuit, and the answer is usually “two years.” For most crashes today, that answer is right. For an older group of crashes, it is not, and the window for that group is about to close for good.

How HB 837 Changed the Clock

In March 2023, the Florida Legislature passed HB 837, a broad tort reform bill that became Chapter 2023-15, Laws of Florida. Among many other changes, it moved “an action founded on negligence” out of the four-year category in section 95.11, Florida Statutes, and into the two-year category. That rule now appears in section 95.11(5)(a).

The new deadline did not reach back to every existing claim. Section 28 of Chapter 2023-15 states that the changes to section 95.11 apply to causes of action accruing after the act’s effective date. The Governor approved the bill on March 24, 2023, and it took effect upon becoming law.

A car accident claim generally accrues when the crash happens. That splits Tampa drivers into two groups:

• Crashes after the reform took effect generally fall under the two-year negligence deadline.
• Crashes before the reform generally keep the four-year deadline that applied when the claim arose.

Why Early 2027 Matters

Four years from a crash in March 2023 lands in March 2027. The last pre-reform negligence claims are now within months of their outer limit. Someone hurt on Dale Mabry Highway or I-275 in early 2023 who has been treating, negotiating with an insurer, or simply waiting may have less time left than expected.

The statute measures the deadline by when an action is “commenced,” which generally means when a lawsuit is filed in court. For Tampa crashes, that often means the Hillsborough County courthouse. Insurance negotiations, demand letters, and claim numbers do not, on their own, commence an action.

Why the “Two Years” Shorthand Can Mislead

Much of the information published since 2023 simply says Florida’s negligence deadline is two years. For newer crashes, that is accurate. For older crashes, the shorthand can cut both ways. Someone might assume a 2022 claim already expired when it has not. Someone else might assume the four-year window leaves plenty of room when it is nearly gone.

There is another wrinkle. Section 30 of Chapter 2023-15 applies the act, except where it says otherwise, to causes of action filed after its effective date. That matters for comparative fault. Under section 768.81(6), Florida Statutes, a party found more than 50 percent at fault for their own harm generally cannot recover damages in a negligence action. A lawsuit filed today over a 2022 crash may keep the older deadline while still being subject to the newer fault rule.

Other details can also affect timing. Wrongful death claims were already subject to a two-year deadline before HB 837, so the four-year carryover generally does not apply to fatal crashes. Claims against a person’s own insurer, such as uninsured motorist claims, involve contract rules that work differently. Specific facts can sometimes pause or extend a deadline as well.

Questions About an Older Crash?

If a collision from 2022 or early 2023 still has loose ends, the date of the crash may matter more than anything else in the file. Our Tampa car accident lawyers at Anderson & Anderson can look at the timeline and explain how these rules apply to it. We encourage you to call us at 813-251-0072 while there is still time to act.

Sources:

https://www.flsenate.gov/Laws/Statutes/2026/95.11

https://laws.flrules.org/2023/15